Virginia Driving With a Suspended License Lawyer

Driving while suspended means that somebody has had their privilege to drive suspended or they have been directed by the court not to drive for a period of time. The statute states that within that time frame, a person should not be driving until their suspension or revocation has been terminated; their privilege to drive has been restored, or they have applied for what is called a restricted driver’s license and it has been issued to them. In situations where people drive while being on suspension or while being revoked, they could very well be charged with a new criminal offense that carries a number of serious penalties and increases the suspension. For this reason, anyone accused of driving while on a suspended license is encouraged to seek the counsel of a Virginia driving while suspended lawyer to help build a defense and mitigate the damage as much as possible. An experienced traffic attorney can also help ensure that you understand the limitations associated with your license and when you are legally allowed to operate a vehicle.

Rules Regarding Virginia Non-Resident Drivers

The Virginia Statutes makes a blanket prohibition on any person driving in Virginia without a valid driver’s license that has been obtained according to the rules and regulations of the Department of Motor Vehicle (“DMV”) in Virginia. But then the Statute goes on to make some exceptions, and one of those exceptions is for non-residents. A person who has a license from another state and is able to present it or have it in his possession at the time of the stop is exempted from that prohibition and from the penalties that this section provides.

Non-licensed driving is somebody who does not have a Virginia license and is unable to produce a valid driver’s license from another state when that person was stopped by Law Enforcement because the statute accepts those people who can present a license from another jurisdiction. This violation (unable to produce a valid driver’s license) is typically a Class 2 Misdemeanor; a second or subsequent charge is a Class 1 Misdemeanor; and upon conviction, a court may also suspend the person’s privilege to drive for up to 90 days. That is how that works.The exception that the statute makes could also be extended to foreign drivers, so not just somebody who has another state license but also those who have foreign licenses. This is up to the Commissioner of the DMV and they do that quite often.

Anybody who is driving on a Virginia road is supposed to have a driver’s license, either from Virginia or from a different state, and have to be able to produce their driver’s license and show it to the officer. If they are not able to have it delivered or produced to the officer, they are found to have been driving without a license. Somebody who does not have a license in his possession, even if he has a license sitting at home, would be charged with that sub-section and should seek the counsel of a Virginia driving while suspended lawyer.

Cases Where No License Was Issued or in Possession

Cases where no license was issued at all, are treated more seriously. The penalty for driving without a license is a Class 2 Misdemeanor, except if it is aggravated by prior offenses or for different circumstances. This kind of offense, which is driving while suspended, is a Class 1 Misdemeanor, and also has more severe penalties. The charge itself carries the attachment of a Class 1 Misdemeanor. A third or a subsequent offense within 10 years has a mandatory minimum of 10 days in jail.

It shows that that restriction or that added penalty is not enforced if there was a case of injury to save a life or limb or property; in case of an emergency and the person has to drive, it does not make sense. If they had to drive while their license is suspended, the court is not going to impose any days in jail. However, the court does have to suspend the person’s license for a period equal to the original suspension period, and if there was no definite time originally, then the court will impose a 90-day suspension. A Virginia driving with a suspended license lawyer can attempt to mitigate the penalties that an individual faces.

Contacting a Virginia Driving While Suspended Attorney

The consequences for driving without a license can be quite severe, especially if the person’s license has already been suspended. If you have been charged with unlicensed driving with a suspended license, or with any other unlicensed driving charge, speak to a Virginia driving with a suspended license lawyer today. An experienced traffic attorney can work tirelessly to defend you and your rights.